Administrative Code

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Virginia Administrative Code
Title 20. Public Utilities and Telecommunications
Agency 5. State Corporation Commission
Chapter 311. Interim Rules Governing Electric and Natural Gas Retail Access Pilot Programs

20VAC5-311-60. General Provisions.

A. Any request for a waiver of any of the provisions in this chapter shall be considered by the State Corporation Commission on a case-by-case basis, and may be granted upon such terms and conditions as the State Corporation Commission may impose.

B. Any natural gas retail access pilot program previously approved by the State Corporation Commission and in operation prior to the adoption of this chapter, as well as any competitive service provider or aggregator participating in such programs, shall be required to comply with the provisions of this chapter within 120 days from the chapter's adoption or from the date of denial of a waiver request filed under subsection A of this section, whichever is later.

C. Each local distribution company, competitive service provider, and aggregator shall comply with the standards for billing information set forth in § 56-592 D 1, 2, and 4 of the Code of Virginia and with such standards that may be established by the State Corporation Commission pursuant to § 56-592 D of the Code of Virginia.

D. A local distribution company, a competitive service provider, or an aggregator shall bear the responsibility for meter reading and billing as provided or allowed by law and as approved by the State Corporation Commission.

E. A customer payment received in partial payment of a single consolidated bill shall be applied as designated by the customer or, in the absence of a customer designation, to arrearages owed the local distribution company, then to arrearages owed the competitive service provider, then to current charges of the local distribution company, and then to current charges of the competitive service provider.

F. A competitive service provider and an aggregator shall inform the State Corporation Commission within 30 days of the following: (i) any change in its name, address and telephone numbers; (ii) any information contained in its application that has changed regarding its affiliate status with a local distribution company; and (iii) any changes to information provided pursuant to 20VAC5-311-50 A 14 a.

G. The State Corporation Commission shall have the right to inspect the books, papers, records and documents, and to require special reports and statements, of any competitive service provider or aggregator regarding qualifications to conduct business within the Commonwealth, in support of affiliate transactions, to investigate allegations of violations of this chapter, or to resolve a complaint filed against a competitive service provider or an aggregator.

H. The provisions of this chapter may be enforced by the State Corporation Commission by any means authorized under any applicable law or regulation. Enforcement actions may specifically include, without limitation, the refusal to issue any license for which application has been made, and the refusal to renew or the revocation or suspension of any license previously granted. Any person aggrieved by a violation of these regulations may pursue any civil relief that may be available under state or federal law including, without limitation, private actions for enforcement of these regulations, without regard to or first pursuing the remedies available from the State Corporation Commission hereunder.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

Derived from Volume 16, Issue 20, eff. May 26, 2000.

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